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ACCENT DEVELOPERS v. CITY OF MENOMONIE

No. 2006AP1268.

730 N.W.2d 194 (2007)

2007 WI App 48

ACCENT DEVELOPERS, LLC, Petitioner-Appellant, v. CITY OF MENOMONIE BOARD OF ZONING APPEALS, Respondent-Respondent, TIMBER RIDGE HOMES, LLC, Intervenor-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed February 27, 2007.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of William G. Thiel, of Weld, Riley, Prenn & Ricci, S.C. of Eau Claire.

On behalf of the respondent-respondent, the cause was submitted on the brief of Michael J. Modl and Mitchell R. Olson of Axley Brynelson, LLP of Madison.

On behalf of the intervenor-respondent, the cause was submitted on the brief of Peter M. Reinhardt and Bridget M. Finke of Bakke Norman, S.C. of Menomonie.

Before CANE, C.J., HOOVER, P.J., and PETERSON, J.

¶ 1 CANE, C.J.

Accent Developers, LLC appeals the City of Menomonie Board of Zoning Appeals grant of an area variance to Timber Ridge Homes, LLC. Accent argues the board erred as a matter of law in granting the variance because Timber Ridge's hardship was self-created and the evidence in the record does not support the board's decision. We disagree and affirm the Board's decision.

BACKGROUND

¶ 2 Timber Ridge constructed two residential...

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